Absolute figureheads had ruled by decrees without

consultation with a legislature or other mechanism of

checks and balances. Here within the framework of this

model the agents of the government capacitated

to fulfill justice reflect a more democratic character. The

rise of democracy does not mean that civil state is free

from defect. More so, the species of homo sapiens is

adapting to a legal environment of its collective

choosing.

     In the U.S.A the framers of the constitution

incorporated capital punishment. Its use was unimpeded

until the Furman case in 1972. The United States

Supreme Court stated that a punishment would be cruel

and unusual if it was too severe for the crime, arbitrary,

offended society's sense of justice, or if such was not

more effective than a less severe penalty. In the

aftermath of World War II the creation of the Universal

Declaration of Human Rights (1946) and the

International Covenant on Civil and Political Rights

(1996) lead to the abolition of capital punishment in

Europe even though party states had the right to retain

such. In this confederation under the United Nations and

Universal System party states cede the right of final

adjucation to a commission after ratifying a treaty.

    In the 1980s the international abolition movement

gained momentum and treaties proclaiming abolition

were ratified. Protocol No. 6 to the European

Convention on Human Rights, the Inter-American

Additional Protocol to the American Convention on

Human Rights to Abolish the Death Penalty, and the

United Nation's Second Optional Protocol to the

International Covenant on Civil and Political Rights

Death Penalty, were created with the goal of making

abolition of the death penalty an international norm.

    Many of the smaller nations ratify all the treaties in

the Universal System  thereby legally conforming to the

United Nations. This provides for greater consideration

in other matters. This has the general effect of isolating

the U.S.A., which is a unilateralist power. The

moratorium movement in this country and the growing

prominence of multilateral treaty organization

cooperation has been a growing concern for the

retentionist agenda.

Conclusion

    The use of capital punishment is valid. Argumentation

should be both morally and legally sound free from

political considerations. There is a great deal of concern

on all points. The argument if it is to be inclusive of

collective participation would end up in the democratic

legal environment. The Universal System is such

permitting monarchies but not recognizing any autocratic

government. This subjects such to public opinion. The

United States Supreme Court is even swayed by the

sentiment of society while proclaiming the intent

of the constitutional fathers and remaining free from

arbitrary treatment.

    A moratorium would be justified if the process

continues to perform at levels where there is disparity in

charges, convictions, sentencing, and lack of correct

behavior in trial processes. The current system in the

U.S.A. has the states determining most death

sentences, which is legal but is differential from

state to state. The international law is consistent

universally and straightforward in its abolitionist goal to

its credit.